Old Law - Philosophical Concept | Alexandria
Old Law: Much discussed, less understood, Old Law stands as a phantom limb of legal philosophy, a concept that provokes as many questions as it answers, often mistaken for simple temporal precedence. Is it merely "law from a long time ago", or does it represent a fundamental type of law, an ethical or philosophical framework for the trolley problem and other moral dilemma instances?
The term "Old Law" appears sporadically throughout history, notably in legal and theological texts of the medieval period. Although a specific date of origination is elusive, the concept flourishes in the works of Thomas Aquinas (1225-1274), who uses it in the Summa Theologica to delineate between the laws revealed to Moses (Old Law) and the grace offered through Christ (New Law). During this same period, the rediscovery of Aristotle's Nicomachean Ethics provided a framework for understanding what would later be called the Classical virtue ethics, which contrasts with the Abrahamic paradigm. The historical tension of the time – empires rising and falling, the constant interplay between religious doctrine and emerging philosophical argument – provides a rich backdrop for understanding the debates surrounding Old Law as a kind of pre-Christian moral code. While some saw it as a necessary, if imperfect, precursor to divine grace, others viewed it as an enduring testament to humanity's innate capacity for moral reasoning.
Over time, interpretations of the Old Law have evolved. Legal scholars in later centuries often contrasted it with emerging notions of natural rights and social contract, asking if the Old Law's emphasis on duty and obedience stands in the way of individual moral autonomy. The Enlightenment's focus on rational thinking further complicated the concept, and the question of its universality versus its cultural specificity arose. Was the Old Law a set of divinely given commandments, or a product of specific historical conditions, shaping the moral psychology of certain societies? Fascinatingly, some scholars have even linked elements of the Old Law to earlier systems of justice, such as the Code of Hammurabi, sparking debates about cultural transmission and independent invention of moral principle.
Today, Old Law continues to intrigue as an archetype, a shadow of archaic justice that lingers in contemporary discussions about fairness test. Its legacy resonates in our ongoing debates about legal formalism versus ethical intuitionism. While the literal application of ancient laws may seem archaic, the philosophical questions they raise about justice, authority, and the nature of law remain profoundly relevant, especially as we struggle with how to instill ethical obligations in AI, especially considering the role of bias in decision making. What can we learn from Old Law about the enduring human quest for order, about the tension between prescribed rules and inherent moral sentiment, and, ultimately, about the long journey towards moral development theory?